[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 2-6-2012 by L.L. No. 4-2012. Amendments noted where applicable.]
As used in this chapter, the following words and phrases shall have the following meanings:
- Any person (except an individual under the age of 16) who engages for hire in the tending, cultivation, maintaining, fertilization, seeding, planting, managing, trimming, pruning, treating or laying out of grass, lawns, gardens, flower beds, shrubbery, trees, foliage or landscaping of every nature and description on private property. The term "gardener" shall include persons engaged in the business of landscaping and tree servicing. The term "gardener" shall not include a person who owns or resides upon the property where such activity is being conducted, or an employee of such person.
- Any individual, firm, partnership, corporation, limited liability company or profession or legal entity.
- PRIVATE PROPERTY
- All real property, improved or unimproved, owned by any person which is not included in the definitions for "public highway" or "public place" in this section.
- PUBLIC HIGHWAY
- Any street open to the public for its full width from property line to property line, including the sidewalk area, whether or not installed.
- PUBLIC PLACE
- Any real property available to or open to use by all or a majority of the property owners or residents of the Village of Cedarhurst.
No person shall engage in the business of a gardener in the Village of Cedarhurst without first being licensed in accordance with this chapter.
This chapter shall not require a license for any gardener performing work pursuant to certification from the Superintendent of Building Department or such Superintendent's designee that such work is necessary to protect public health or safety in the case of an emergency, provided that the person performing such work files with the Village documentation of insurance as may be required from persons licensed by the Village to perform such work.
This chapter shall not apply to any gardener performing work pursuant to contract with the Village of Cedarhurst, or any other governmental agency or public utility company.
Any gardener desiring a license required by this chapter shall make application on forms prescribed by the Village Clerk.
Each applicant for a license shall pay a nonrefundable filing fee with the application. A license fee shall be paid upon issuance of the license. The application filing fee and license fee shall be determined by resolution of the Board of Trustees.
All licenses issued pursuant to this chapter shall expire on the last day of December in the year of issuance. Licenses may be renewed upon application made before March 31 of the following year, and payment of a renewal annual fee as determined by resolution of the Board of Trustees. If a licensee fails to make proper timely application for renewal, the licensee shall be required to reapply and pay any application and license fee pursuant to § 144-4.
Each applicant for a license or renewal of such license pursuant to this chapter shall have and maintain during the term of such license all workers' compensation and disability insurance as is required by law, and such other insurance as may be required by resolution of the Board of Trustees, and shall provide the Village with documentation of such insurance.
No gardener or any employee of a gardener shall perform, or cause, suffer or permit any person to perform, any of the following:
Operate any power or manual lawn mower or any other power equipment Monday through Friday, before 8:00 a.m. or after 6:00 p.m.
Operate noise-producing power equipment at any time on Saturday, Sunday or on a legal holiday.
Place any garbage, refuse, cuttings, leaves, wood or other materials upon any public highway, public place or private property.
Scatter any garbage, refuse, cuttings, leaves or other waste materials from the custody of such person to any public highway, public place or private property.
Cause or permit anyone to blow or rake leaves, grass or other debris onto the public highway or right-of-way or onto adjoining property. As a precondition to the issuance of a license, a landscaper will be required to furnish proof that he, she or it has a permit to deposit leaves, grass clippings and other debris at a duly licensed depository.
Cause or permit anyone to spill or dump oil, gasoline or other petroleum products or any pesticides on the public highway or right-of-way or anywhere on the ground. No equipment shall be filled or refilled except over a drop cloth or other device designed to catch and retain any accidental spillage.
Cause or permit anyone to remove any tree, nor operate any machinery, in violation of law.
Perform any work in violation of any applicable federal, state and local laws, ordinances, rules and regulations. Every applicant for a license shall review the applicable laws, ordinances, rules and regulations and shall affirm in the application or renewal application that the applicant and all of its employees are familiar with such.
Violate any other rule or regulation adopted by resolution of the Board of Trustees, as it may deem necessary to further the purposes of this chapter.
In addition to the penalties otherwise provided by law, the Board of Trustees may revoke or suspend any license issued pursuant to this chapter after notice to the licensee and a reasonable opportunity for the licensee to be heard. The Board of Trustees may take such action if, in its discretion, such action is warranted due to the licensee's deliberate or willful disregard of the standards imposed by this chapter or by any other village, county, state or federal law, or due to two or more violations of this chapter or any other law occurring within a period of 60 days.
Each vehicle used for landscaping functions in the Village shall be registered with the Village, and shall prominently display a decal provided by the Village. The fee for each such decal shall be established by the Board of Trustees.